Probate refers to the process whereby certain of decedent’s debts may be settled and legal title to the decedent’s property held in the decedent’s name alone and not otherwise distributed by law is transferred to heirs and beneficiaries. If a decedent had a will, and the decedent had property subject to probate, the probate process begins when the executor, who is nominated by the decedent in the last will, presents the will for probate in a courthouse in the county where the decedent lived, or owned property. If there is no will, someone must ask the court to appoint him or her as administrator of the decedent’s estate. Often, this is the spouse or an adult child of the decedent. Once appointed by the court, the executor or administrator becomes the legal representative of the estate. How Probate BeginsYou start by asking the probate court to name you executor or personal representative, whichever term is used in your state. If there’s no will, in some states you’ll ask to be the “administrator.” To make this request, you will probably need to file an application, death certificate, and the original will (if you haven’t deposited it with the court already) with the local probate court in the county where the deceased person was living at the time of death. The document in which you make your request will probably be called a petition or application. It must contain certain information, such as the date of death, names of surviving family members and of beneficiaries named in the will, and so on. Many courts provide fill-in-the-blanks forms; if yours doesn’t, you’ll have to type something up from scratch. (Every probate court has its own rules about the documents it requires.) If the deceased person owned real estate in more than one county in the same state, you can handle it all in one probate. There’s no need to conduct a separate probate proceeding in the other county. Find the willIf the decedent has a will, you will need to locate it right away because it says who will inherit the decedent’s property. The will also names an executor. Gather any codicils (amendments to the will) as well. • Be aware that in some states, the “custodian of the will,” or the person who has the will at the time of the testators death, must take the will to the probate court or the executor named in the will within 30 days of the testator’s death. In states that have this requirement, the custodian can be sued for damages for failing to do this. • If there is no custodian, search for the will in places such as filing cabinets and desk drawers. If you are unable to find the will after looking in obvious places, look for the will in safe deposit boxes, with the decedent’s lawyer, or at the local probate court. • If you cannot locate a will, either because the decedent did not have one or because it is lost, precede under state intestacy laws. Intestacy laws provide a way to distribute a decedent’s property without a will, according to a state statutory scheme. Order copies of the death certificate. As you go through the probate process, you will need a number of certified copies of the death certificate to serve as official evidence of the death. Ask for at least ten copies. • The mortuary that handles the decedent’s funeral may provide some certified copies of the death certificate. You can also order death certificates from your state’s department of vital records. • To order death certificates from the department of vital records, you will need to provide a valid government issued photo ID and two of the following documents that includes you name and address: telephone bill, utility bill, or letter from a government agency dated within the last 6 months. • Be aware that in some states, the only people who can order copies of the death certificate are family members or the executor of the will. • paperwork related to the decedent’s insurance policies After you have gathered all of the required documents, take some time to organize them. You may want to invest in an accordion style file folder to keep the documents separated and easy to find. Label the tabs to indicate what documents are in each section. If you are missing any of the documents that you will need, you will have to do some searching. Contact the decedent’s accountant, the manger of the decedent’s bank, and any other professionals who may be able to provide you with the documents that you need. Determine if probate is required. Sometimes, it is possible to completely avoid probate or participate in a simplified probate process. Make sure to check your state’s laws for specifics. • If the estate is valued at less than $100,000, there’s a chance probate is not required. Some states have other requirements for simple probate, so make sure to check the laws in your state before proceeding. Determine if you should use formal probate. This is the best option for estates that are more complicated or have a value that is too high to qualify for summary administration. You will need to use a formal probate procedure if the decedent’s property exceeds the limits for simple probate in your state, or if there are disputes between beneficiaries, or challenges to the will. Petition the court to name an executor. The executor of a will is responsible for distributing assets, maintaining property, and paying bills and taxes during the execution of the will. The executor must also make court appearances as needed. If you are named in the will, or if the will does not name an executor, you may petition the court to name an executor. • an application • a death certificate • the original will When someone requests to be appointed as executor, the court will schedule a hearing to give interested parties (parties who could inherit something from the estate) a chance to object to the appointment. Before the hearing, all interested parties must be informed of the date and time. • Keep in mind that most of the time, the hearing is a formality and no one objects to the executor’s appointment. • If the executor is approved, the court will issue documents allowing the executor to act on behalf of the estate. These are usually called “Letters of Administration” or “Letters Testamentary” if there is no will. • After approving the executor, the court will issue an order opening the probate case. If you are named executor, then you will be responsible for sending out notices of probate to all of the decedent’s creditors and beneficiaries. In most states, a notice should also be published in the local newspaper to alert any other unknown creditors.. The court may require the executor to post bond, which is an insurance policy that protects the estate beneficiaries from any losses to their inheritance caused by the executor. • If the will states that no bond is required, the court will often waive the requirement. • If a bond is required, the amount will depend on the size of the estate. If there is a will, proving that the will is valid is a part of probate. Until the will has been proven to be valid, the executor cannot begin distributing the estate. To prove that the will is valid, you will need the statements of one or more witnesses who signed the will at its execution. In general, probate courts allow the following types of witness statements: • A sworn statement called a “self-proving affidavit” that was signed by the witness in front of a notary when they witnessed the will • A sworn statement signed by the witness at the time probate is opened • A personal statement made by the witness to the court • As an alternative, the court may accept other evidence of the will’s validity, such as the testimony of someone who is familiar with the testator’s signature. Review and Sign the Documents Required to Open the Probate EstateOnce the estate lawyer has enough information to draft the court documents required to open the probate estate, the Personal Representative/Executor and, if applicable, the beneficiaries named in the decedent’s Last Will and Testament or heirs at law will be required to review and sign the appropriate documents. While these legal documents will vary from state to state, or even from county to county within the same state, they will generally include the following: • Petition for Probate Administration One of the purposes of probate is to prevent fraud after someone’s death. Imagine everyone stealing the castle after the owner dies. It’s a way to freeze the estate until a judge determines that the Will is valid, that all the relevant people have been notified, that all the property in the estate has been identified and appraised, that the creditors have been paid and that all the taxes have been paid. Once all of that’s been done, the court issues an order distributing the property and the estate is closed. Probate Attorney in Utah Free ConsultationWhen you need help with a probate in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with estate planning. Probate cases. Probate Lawsuits. Wills. Trusts. Estate Mediation. And much more. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/steps-in-a-utah-probate/
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Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
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